Bill C-43 Comes into Force

In June 2012 I wrote about how the Conservative government had introduced Bill C-43, the Faster Removal of Foreign Criminals Act (“Bill C-43“).  Amongst other things, Bill C-43 increases the penalties for misrepresentation, removes appeal rights for permanent residents who are sentenced to a length of imprisonment of six months or more, gives the Minister of Citizenship and Immigration Canada the power to let otherwise inadmissible people to Canada into the country based on his discretion, and prohibits visa officers from considering humanitarian & compassionate factors in certain scenarios.

On June 19, 2013, Bill C-43 received Royal Assent.

Citizenship and Immigration Canada (“CIC“) has now begun rolling out Operational Bulletins to instruct visa officers of its implications.

Operational Bulletin 532 – Coming into Force of Bill C-43 – Inadmissibility on Security Grounds (“OB-532”)

Subsection 34(1)(a) of the Immigration and Refugee Protection Act (“IRPA“) previously provided that a permanent resident or a foreign national is inadmissible to Canada on security grounds for:

engaging in an act of espionage or an act of subversion against a democratic government, institution or process as they are understood in Canada

IRPA 34(1)(a) has been reworded to provide that a permanent resident or a foreign national is inadmissible to Canada on security grounds for:

engaging in an act of espionage that is against Canada or that is contrary to Canada’s interests

As well, a new IRPA 34(1)(b.1) will make a permanent resident or a foreign national inadmissible to Canada on security grounds for:

engaging in an act of subversion against a democratic government, institution or process as they are understood in Canada

The question that arises from this change is what constitutes espionage that is “contrary to Canada’s interest” that is not espionage against Canada or a democratic institution or process.  Espionage against a Province?  Industrial espionage?

Operational Bulletin 531 – Coming into Force of Bill C-43 – Obligations for Certain Persons Making an Application under IRPA (“OB-531”)

Individuals making visa and permit applications have always had the obligation to answer any questions truthfully.

Bill C-43 now also provides that a person who makes an application must, on the request of an officer, appear for an examination.

It also provides that a foreign national who makes an application must, on request of an officer, appear for an interview for the purpose of an investigation conducted by the Canadian Security Intelligence Service and to answer all questions truthfully.

Operational Bulletin 525 – Coming into Force of Bill C-43 – Changes in Appeal Rights to the Immigration Appeal Division (“IAD”) as a Result of Bill C-43 (“OB-525”)

This is the big one.

Permanent residents and foreign nationals with convictions punished in Canada by a term of imprisonment of six months or longer no longer have a right of appeal to the IAD. Previously, the term of imprisonment was two years or longer.

A new bar has also been introduced where those with a conviction outside of Canada or those who committed an act outside Canada which if committed in Canada would carry a maximum sentence of at least 10 years are also ineligible to submit an appeal to the IAD.

OB-525 elaborates on the transitional provisions.

Operational Bulletin 527 – Coming into Force of Bill C-43 – Changes to Humanitarian & Compassionate Requests (“OB-527”)

Individuals who are inadmissible to Canada pursuant to IRPA ss. 34, 36, or 37 can no longer overcome their inadmissibilities based on humanitarian & compassionate factors.